Been searching for this for a while and I can't find a clear answer from the city or from other investors.
What is the checklist of items that I would need to satisfy to get a 1920s Ukranian 2-flat and/or a 1960s 3-flat to be able to legally rent out 2 units plus a basement unit? Most of the ones I've seen are in RS-2 and RS-3 zones, which I understand are zoned for single family residences with the ability to add only one additional dwelling unit if grandfathered in before 1957. One would then assume that all buildings in RS-2 and RS-3 zones built after 1957 with 3 units are illegal buildings, correct? Yet I see them advertised by agents everywhere. They claim "we have the papers" yet, I haven't seen any. What are these papers that one would need? A certificate of occupancy explicitly stating it is a 3-unit? A zoning amendment?
Real Estate Broker · Chicago metro area · Member since 2018 · 7 posts · 6 votes
7y
@Daniel Dem I would strongly advise before doing any big steps to consult a real estate attorney
I think you would need a zoning permit. The main problem is that people have finished their basements with no permit and with without licensed contactor doing the work. Now because of the violations that becomes a problem when they try to legalize.
Renata, thanks for replying. For the zoning permit, I've spoken to aldermans' offices and the zoning department and they offer little help and seem to have no interest in providing a zoning change for anyone. Maybe I'm the 100,000th person to ask about it.
So in your scenario, assuming there are no violations with the building code, there would be no issue with legality?
I have spent a number of years in the zoning area. Sounds like the city has taken the approach these are legal non-conforming (grandfathered in). I would assume there are so many of these they are just choosing to not address them. If the building were to be destroyed as an example by fire, they would then need to be brought into compliance.